Spoliation and Sanctions in Employment Litigation: An Update

December 13, 2019 in Employment Law

Walsh attorneys Peter Pizzi and Eric Padilla authored an article in the International Association of Defense Counsel (IADC) Employment Law Committee Newsletter.

The authors address spoliation sanctions which are intended to “even the playing field” by ensuring that a spoliating party may not profit from its misconduct and restoring the non-spoliating party to the position it would have otherwise occupied had the information at issue not been destroyed. This article summarizes counsel’s duties, and collects cases describing the contours of sanctions when applied by courts.

The authors state, “Given the now ubiquitous presence of ediscovery and the importance of electronically stored information in employment litigation, defense counsel must be aware of the dangers of spoliating electronic evidence.” To view a copy of the article, click here.

Peter J. Pizzi is a business litigator with over 30 years of experience in commercial litigation, class action defense, internal investigations, internet and IP litigation, and labor and employment law. He has handled matters on behalf of corporate clients in a broad array of industries, including pharmaceuticals, financial services, information technology, cosmetics, industrial equipment, food service and others.

Eric Padilla focuses on commercial litigation, including trade secrets and unfair competition matters, as well as labor and employment litigation.